By Ryan Nadeau, Capital News Service

RICHMOND, Va. – State lawmakers grappled during the recent General Assembly session with the best way to address rising antisemitism, but efforts produced mixed results. 

Over 400 "antisemitic incidents" occurred in Virginia in 2021, according to the findings of Gov. Glenn Youngkin's Commission to Combat Antisemitism. This represents a 71% increase since 2020. Some were clearly identified as hate crimes, but "too few" are prosecuted as such, according to the report.

Gaps in state law can make it difficult to label or prosecute antisemitic hate crime. A bill to adopt the working definition of antisemitism passed, while a bill to classify antisemitic crimes as hate crimes did not.

Antisemitism in Virginia and Across the Nation

Jewish people make up approximately 2.2% of the nation's population, according to data from the American Jewish Year Book. Over 150,000 Jewish people live in Virginia as of 2022.

Antisemitic hate crimes made up over half of all religiously-motivated hate crimes in 2021, according to FBI hate crime statistics from March. These rates have increased over the last decade, and by 36% in a recent two-year period, according to a Anti-Defamation League 2022 report.

Daniel Staffenberg is CEO of the Jewish Community Federation of Richmond, a Jewish community and advocacy organization. Much of what makes antisemitism such a difficult issue to tackle is a lack of understanding, Staffenberg said.

"When you get to know us, when you get to know what we believe and what we're about, and we get to know you — we feel that a lot of the hate will become tougher," Staffenberg said.

Non-Jewish Americans are more likely to consider antisemitism a smaller issue, according to surveys conducted by the American Jewish Committee. 

Less than half of surveyed Americans knew approximately 6 million Jews were killed in the Holocaust, according to a 2020 Pew Research Center study. The same study found people who knew less about Jewish history were more likely to have "cooler feelings" toward Jews.

Efforts to Address Antisemitism in Virginia

Youngkin's commission formed under an executive order issued on his first day in office, to ensure "religious freedom and equality for all citizens." The 15 appointed members came from many different faiths and professional backgrounds.

"We must reaffirm our commitment to stand against hatred and intolerance, and develop an actionable plan to combat antisemitism in our Commonwealth," Youngkin stated. 

The commission released 21 recommendations to address antisemitism, according to its report.

It recommended Virginia adopt the International Holocaust Remembrance Alliance working definition of antisemitism, improve Jewish history education and improve the tracking and prosecution of antisemitic hate crime, according to its report.

Multiple bills were introduced this General Assembly session as a result of the commission's recommendations. 

Defining and Educating Virginians on Antisemitism 

Del. Anne Ferrell Tata, R-Virginia Beach, introduced House Bill 1606, to adopt the IRHA working definition of antisemitism as a "tool and guide." The bill received several amendments but ultimately passed and was signed into law by Youngkin.

Companion bill Senate Bill 1252 was defeated on a tie vote in committee. 

Antisemitism, as defined by IRHA, is a hatred directed at Jewish people, property, community or places of worship. It is not just violence toward Jews, but can include seeing Jews as a monolith, or accusing Jews of "inventing or exaggerating the Holocaust." 

The conversation surrounding Jewish protections is complex. Jewish identity can be ethnic, religious or both, Staffenberg said. The many misconceptions regarding Jews need to be addressed to best react to antisemitism, he said.

The Scope of the IRHA Definition and Free Speech

House legislators debated what Tata's bill would accomplish for Jewish communities.

"Combating antisemitism isn't what this bill is about," said Del. Daniel Helmer, D-Fairfax, during discussion of the bill. Helmer, who is Jewish, spoke of past experiences with antisemitic tropes. He voted against the bill. 

Opponents raised specific concerns about whether or not the bill censors criticism of Israel's human rights violations against Palestinians. 

Tata said this was not the case. The measure was amended several times to clarify it was purely a "non-legally binding" educational tool. 

The First Step of "Tikkun Olam" 

"Tikkun Olam" means "repair the world" in Hebrew.

Del. Eileen Filler-Corn, D-Fairfax, the first Jewish speaker of the House, spoke multiple times about her experiences with antisemitism. She urged lawmakers to not "wait for another antisemitic tragedy" to pass a bill like Tata's.

"We can't solve antisemitism right now," Filler-Corn said while speaking to Tata's bill. "But we can take a step, Mr. Speaker, in repairing the world."

Education is the first step in addressing antisemitism, Filler Corn said. She supported the bill, and said Tata consulted her about it.

"To combat antisemitism, you have to understand what it is — you have to define it," Filler-Corn said. "And that's what this bill was all about."

The measure will help Virginia track antisemitic hate crimes more accurately. 

Law enforcement is not always clear on what constitutes antisemitic crime, despite "strong relationships" with the Jewish community, Staffenberg said.

The bill will drive training, education, identification and reporting, which are all critical to finding solutions, Staffenberg added.

Finding the Best Language to Protect the Jewish Ethnoreligion

Sen. Bryce Reeves, R-Spotsylvania, and Del. Terry Kilgore, R-Scott, introduced SB 1184 and HB 2208. The companion bills would have classified antisemitic crimes as hate crimes, within state law.

House lawmakers extensively debated consequences of certain language, made multiple attempts at amendments and could never reach agreement in the conference committee. A conference committee occurs when the House and the Senate cannot agree on details of a bill.

Del. Marcus Simon, D-Fairfax, wanted lawmakers to accept his floor substitute, which added "ethnic" as a protected group. 

All Jews — whether ethnic, religious or both — could then make a case for antisemitic crimes being hate crimes with this addition, he said.

Simon described his fear of antisemitic violence when his family attends synagogue, and how he worries about an attack.

"Is there enough room between that pew and the floor for me to lay on top of my kids to protect them or not?" Simon said.

Filler-Corn was one of the three delegates in the conference committee.

"Strong-willed individuals" in both the House and Senate were not willing to concede their position, Filler-Corn said.

The final decision was that the matter needed more time and could be taken up again in the future, she said.

"The fact that we were able to move forward with some legislation is important," Filler-Corn said.

The legislative approach to antisemitism needs to transcend party politics, she said.

"Yes, the ideas, the concepts, might have come from Gov. Youngkin's commission on antisemitism — yes, the patrons of these bills might be Republican patrons," Filler-Corn said. "But, again, we need to transcend party politics, and we need to move forward and support the Jewish community."

Filler-Corn and Youngkin partnered closely to address antisemitism in Virginia, she said. 

Breaking the Cycle of Antisemitism

Jeff Dannick is the executive director of the Pozez Jewish Community Center, a community hub that serves the Northern Virginia area.

Antisemitism is not a problem that can be solved by only the Jewish community itself, he said.

"If I am only for myself, who will be for me?" Dannick said, quoting Rabbi Hillel, an important Jewish historical figure. "If I am not for others, what am I? And if not now, when?"

This most modern rise in antisemitism is not unique— instead, it reflects a pattern of behavior that can be seen throughout history, Dannick said. 

"There are good times and bad times," Dannick said. "When things go bad, oftentimes people will look for a scapegoat and oftentimes, for whatever reason, the Jewish community becomes that scapegoat."

Recent political and socioeconomic instability could have caused the downturn in this cyclical relationship, Dannick said.

"When those kinds of stressors are put on society, that is like a recipe for antisemitism," Dannick said, which is "always bubbling under the surface." 

Antisemitic tropes and stereotypes cannot continue to be the only information people have about Jews, Dannick said.

All sides need to foster allyship and refuse to tolerate hate to make progress, he said. 

"All we can do, while we are on this Earth for our time, is to try and break those cycles and to try and bring peace and harmony to community," Dannick said.

Jewish Community Continues to Build 

Jewish organizations such as the Weinstein Jewish Community Center in Henrico County create spaces where Virginians regardless of faith can gather, Staffenberg said. The Weinstein JCC, like the Pozez JCC, is a gym, school and community center with membership open to all. 

"It's much easier to hate what we don't know," Staffenberg said. "So we have engaged in a very strong effort to educate and build relationships among different parts of the community — among different faiths, backgrounds, races and that work continues."

The Jewish community remains resilient in the face of rising antisemitism, he said.

"You won't see the Jewish community shrink from antisemitism, or cease being actively involved in community — locally or anywhere," Staffenberg said.

By Ryan Nadeau, Capital News Service

RICHMOND, Va. ‒ Gov. Glenn Youngkin recently recommended the General Assembly accept an amended version of a bill that ends the practice of paying subminimum wage to certain Virginia workers with disabilities.

A certificate exemption under the federal Fair Labor Standards Act allows employers to determine pay for disabled workers based on a productivity calculation compared to other employees, according to the U.S. Department of Labor. These workers are currently listed within the "tipped employees" section of state code.

The original House Bill 1924 eliminated use of the certificate and increased minimum hourly pay to $9.50 in July. This rate would continue to increase incrementally until 2027, when it reached Virginia minimum wage. The slow increase is meant to help employers adjust, according to Del. Patrick Hope, D-Arlington, who introduced the measure. 

Hope's bill passed the House unanimously on a block vote, meaning it was not discussed prior to voting. The bill passed the Senate 22-18.

The governor's proposed amendment adjusts timelines. It would remove the incremental pay bumps of the original bill. Instead, the wages of all previously exempt employees would be raised to Virginia's minimum wage when use of the certificates ended in 2030. 

Any currently certified employer would be grandfathered in until 2030, but no new certificates would be issued after July 1.

The national average for workers being paid subminimum wage is $3.34 an hour, according to the U.S. Commission on Civil Rights 2020 report.

"I don't know how anybody could pay that and look themselves in the mirror," said Sen. Richard Saslaw, D-Fairfax, when speaking to the Senate. "That's disgusting. And there's no other way to describe that." 

Disabled workers can encounter long Labor Department processing times that prevent them from getting back pay owed due to incorrectly calculated wages, according to a study by the U.S. Government Accountability Office. 

The certificates gave disabled workers "an entry point" into the workforce in the 1930s, said Jewelyn Cosgrove, Melwood's vice president of government and public relations. Such exemptions need to be reevaluated through a modern lens, she said.

Melwood is a nonprofit organization that provides jobs and opportunities for people with disabilities, according to its website. It held a certificate until 2014, Cosgrove said.

Disabled workers have access to more jobs these days, versus when it used to be "get a job, any job," Cosgrove said.

"People with disabilities should be and can be engaged in the workforce in meaningful ways in the careers of their choosing," Cosgrove said. 

There are six employers in Virginia with active certificates as of January. These employers pay at least 286 total workers subminimum wage, according to the Labor Department. Four more employers in Virginia are pending approval for their certificates.

Active certificates are down 46% since 2018, according to a study by the Association of People Supporting Employment First. The same study found employment of disabled workers is on the rise across multiple states.

"I would never, ever accept a job where I was making $3 an hour," said Virginia APSE lobbyist Matthew Shapiro. "You wouldn't do that, so why is it OK for us to do that to more vulnerable ... folks than me?"

Shapiro was born with cerebral palsy, a condition that affects almost every part of his life, he said. He is the founder and CEO of the consulting firm 6 Wheels Consulting. 

Resources such as job coaches, at-home work and self-employment render the certificate exemption no longer necessary, Shapiro said.

"What kind of Virginia do we want to be?" Shapiro said. "Do we want to be one that pays people fairly for the work that they do, and at good wages? Or are we OK saying we're going to pay somebody $10 a week?"

Thirteen states already have legislation in place to prevent employers from paying subminimum wage, according to the APSE study. Reforms are also being attempted at the federal level.

"This is a very demoralizing issue, and it shouldn't really be an issue in the 21st century," said Charlotte Woodward, the National Down Syndrome Society's education program associate.

Woodward was born with Down syndrome, she said. Her advocacy work is important to her because she believes disabled voices provide needed visibility, she said. 

"The doctor told my mom I would never learn to read or write," Woodward said. "That, when I grew up, I would work in a sheltered workshop." 

A sheltered workshop is traditionally defined as a supervised workplace for adults who have a physical or intellectual disability.

"Of course, my mom didn't take those words to heart," Woodward added.

Opponents of the bill question if sheltered workshops and subminimum wage are harmful to disabled workers. Sen. Thomas Norment, R-James City County, spoke to the Senate about the disabled son of his former administrative assistant.

"He never once, never once, mentioned how much he was paid or what the compensation was," Norment said. "It was the intangible reward and satisfaction and fulfillment of his day that he got going to work."

Sen. Jill Vogel, R-Fauquier, also opposed the bill. It would take away opportunities for employers to provide "a haven, a place, a job for people where they do not pay them minimum wage," she said.

Almost all of the workers originally employed under Melwood's former certificate are still employed by the organization, but now at "full wage," Cosgrove said. 

"It's about recognizing that our employees' voices, and their desire for that full wage, brought that dignity — brought that stability," Cosgrove said. "It improved our employee morale immediately." 

To assume disabled workers will thrive in sheltered production does not account for individual ability and interest, said Tonya Milling, executive director of The Arc of Virginia.

"Think of it as the same way you approach things in your own life," Milling said. "When I looked for a job, I looked for something that matched my skills, matched my abilities and could hold my interest."

Shapiro sympathized with concerns over disabled workers and their well-being.

"There is a 'dignity of risk' argument that can be made here," Shapiro said. "Are we going to allow [them] to go out into the world and break a nail? Or are we going to keep [them] in a bubble their entire lives?"

The Virginia Department of Aging and Rehabilitative Services plans to aid transitioning employers with nearly $14 million in provided federal funding, according to the Disability Law Center of Virginia. 

Youngkin's amendment, in addition to codifying the funds, would require DARS to report to the governor's office in 2024 about the transition away from certificates.

Lawmakers will vote on Youngkin's changes when they reconvene on April 12.

By Ryan Nadeau, Capital News Service

RICHMOND, Va. -- The Rev. Mark Jefferson looked out into the auditorium. Students gathered around almost every table, stacks of fact sheets and folders of notes spread out before them. Their time together was nearly at an end. Jefferson spoke with a calm determination.

  "I'm here as your fellow brother on the way," Jefferson said. "I'm here to remind you that because you live, and because you gather in this place, the world has the potential to be better."

The Virginia Interfaith Center for Public Policy hosted its first in-person Student Day of Action on the first Friday of February, to help students learn to engage with legislators. VICPP is an advocacy organization focused on social and economic policy. The group works with multi denominational congregations throughout the state.

An estimated 150 people attended the event, said organizer Terri Erwin. Attendees came from 18 different schools: 13 four-year institutions, two seminaries and three community colleges. 

"There's nothing that can replace the experience of ... seeing a bunch of young people, and realizing how human a process lawmaking really is," Erwin said. "It's people. And any person who chooses to can be a part of it."

Ethan Hemmings, a Shenandoah University Conservatory student, felt empowered to meet with lawmakers. 

"At the end of the day, these senators and delegates are just people, just like you and I," he said. 

Hemmings spoke to lawmakers about measures to end solitary confinement and cap some prison fees. 

"I feel that using my voice in a positive and constructive manner not only changes my life, but it can also change the lives of others," he said.

Erwin said she witnessed a "transformative effect" after the meetings, and the students were "so pumped up." 

Attendees participated in a total of 77 legislative visits, according to Erwin.

Students met at St. Paul's Episcopal Church in downtown Richmond before and after holding their scheduled visits. The groups reflected on their experiences.

Gabriela Leija-Hernandez represented the James Madison Center for Civic Engagement. Her group met with Sen. Mark Obenshain, R-Rockingham. 

"He [Obenshain] kept on saying, 'it'll be a future thing,' and we just kept on pressing," she said. "The future could be right now, so let's do it."

Keisha Walker, VICPP administrative and finance director, said there were leaders in the group. 

"They all exist, and we wanna bring them together so they will become familiar with one another and the issues that are important to everyone," Walker said.

Shenandoah University student Scott Goodrich wants to be a state senator. He came prepared with several pages of notes and a desire to be heard. 

"There is definitely a place for emotions in politics, as it's a very emotional subject," he said. "Politics is in every part of our lives."

Goodrich is motivated by a quote from a blog post he once read: "The anger in your heart warms you now, but will leave you cold in your grave." This mindset could lead to more effective legislative work, he said.

The main thing Goodrich wants to see from leaders? "I want them to grow a backbone," he said.

King Salim Khalfani, VICPP's criminal justice reform organizer, told students this is only the beginning. 

"In Virginia, you must be as consistent as the raindrops," Khalfani said. 

Young people are fully capable, Erwin said. 

"It's impossible not to feel hopeful after what we saw," Erwin said.

The event has a deeper meaning than just a singular day of action, Erwin told the group. 

"The fact that we showed up, and put young Virginians on their radar screen — really, really matters," Erwin said. 

All 140 seats in the General Assembly are up for election this November. Erwin said this "shuffling of the deck" provides an opportunity for young voters to participate in their legislature in a substantial way.

"What I found in all that travel, is not that young people don't care," Jefferson said to the group near the end of his keynote address. "What I found is that the stories people tell about you are often not true."